SB 967, as introduced, De León. Student safety: sexual assault.
Existing law, the Kristin Smart Campus Safety Act of 1998, requires the governing boards of each community college district, the Trustees of the California State University, the Regents of the University of California, and the governing boards of independent postsecondary institutions to adopt rules requiring each of their respective campuses to enter into a written agreement with local law enforcement agencies relating to certain violent crimes. Existing law also requires those governing boards to adopt and implement written procedures or protocols to ensure that students, faculty, and staff who are victims of sexual assault on the grounds or facilities of their institutions receive treatment and information, including a description of on-campus and off-campus resources.
This bill would require these governing boards to adopt policies concerning campus sexual violence, domestic violence, dating violence, and stalking that include certain elements, including an affirmative consent standard in the determination of whether consent was given by a complainant. The bill would require these governing boards to adopt certain sexual assault policies and protocols, as specified, and would require the governing boards, to the extent feasible, to enter into memoranda of understanding or other agreements with on-campus and community-based organizations to make services available to victims. The bill would also require the governing boards to implement comprehensive prevention programs addressing sexual assault, domestic violence, dating violence, and stalking. By requiring community college districts to adopt or modify certain policies and protocols, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 67386 is added to the Education Code,
2to read:
(a) The governing board of each community college
4district, the Trustees of the California State University, the Regents
5of the University of California, and the governing board of
6independent postsecondary institutions, as defined in paragraph
7(3) of subdivision (i) of Section 67381, shall adopt a policy
8concerning campus sexual violence, domestic violence, dating
9violence, and stalking that includes all of the following:
10(1) An affirmative consent standard in the determination of
11whether consent was given by a complainant. “Affirmative
12consent” is a freely and affirmatively communicated willingness
13to participate in particular sexual activity or behavior, expressed
14either by words or clear, unambiguous actions. It is the
15responsibility of the
person who wants to engage in the sexual
16activity to ensure that he or she has the consent of the other person
17to engage in the sexual activity. Lack of protest or resistance does
18not mean consent, nor does silence mean consent. For that reason,
19relying solely on nonverbal communication can lead to
20misunderstanding. The existence of a dating relationship between
21the persons involved, or the fact of a past sexual relationship, shall
P3 1not provide the basis for an assumption of consent. Consent must
2be present throughout sexual activity, and at any time, a participant
3can communicate that he or she no longer consents to continuing
4the sexual activity. If there is confusion as to whether a person has
5consented or continues to consent to sexual activity, it is essential
6that the participants stop the activity until the confusion can be
7clearly resolved.
8(2) In the evaluation of complaints in the disciplinary process,
9it shall not be a defense that
the accused believed that the
10complainant consented to the sexual activity under either of the
11following circumstances:
12(A) The accused’s belief in consent arose from the self-induced
13intoxication or recklessness of the accused.
14(B) The accused did not take reasonable steps, in the
15circumstances known to the accused at the time, to ascertain that
16the complainant was consenting.
17(3) A preponderance of the evidence standard in the
18determination of disciplinary action.
19(4) In the evaluation of complaints in the disciplinary process,
20an individual under any of the following conditions is unable to
21consent to the sexual activity:
22(A) Asleep or unconscious.
23(B) Incapacitated due to the influence of drugs, alcohol, or
24medication.
25(C) Unable to communicate due to a mental or physical
26condition.
27(b) The governing board of each community college district,
28the Trustees of the California State University, the Regents of the
29University of California, and the governing board of independent
30postsecondary institutions, as defined in paragraph (3) of
31subdivision (i) of Section 67381, shall adopt detailed and
32victim-centered sexual assault policies and protocols that comport
33with best practices and current professional standards. At a
34minimum, the policies and protocols shall cover all of the
35following:
36(1) A policy statement on how the institution will protect the
37confidentiality of victims.
38(2) Initial officer response to a report of sexual assault, including
39requirements specific to assisting the victim, evidence collection,
40and the identification and location of witnesses.
P4 1(3) Response to stranger and nonstranger sexual assault.
2(4) The preliminary victim interview, including the development
3of a victim interview protocol, and a comprehensive followup
4victim interview.
5(5) Contacting and interviewing the accused.
6(6) Medical forensic examinations and coordination with the
7forensic examiner.
8(7) Participation of victim advocates.
9(8) Investigative
considerations regarding alcohol- and
10drug-facilitated sexual assault, including requirements specific to
11evidence collection and forensic examination of victims.
12(9) The role of the institutional staff supervision.
13(10) Procedures for anonymous reporting of sexual assault.
14(c) To the extent feasible, the governing board of each
15community college district, the Trustees of the California State
16University, the Regents of the University of California, and the
17governing board of independent postsecondary institutions, as
18defined in paragraph (3) of subdivision (i) of Section 67381, shall
19enter into memoranda of understanding, agreements, or similar
20partnerships with existing on-campus and community-based
21organizations, including rape crisis centers, to make services
22available to victims, including counseling, health,
mental health,
23victim advocacy, and legal assistance.
24(d) The governing board of each community college district,
25the Trustees of the California State University, the Regents of the
26University of California, and the governing board of independent
27postsecondary institutions, as defined in paragraph (3) of
28subdivision (i) of Section 67381, shall implement comprehensive
29prevention programs addressing sexual violence, domestic violence,
30dating violence, and stalking. A comprehensive prevention program
31shall include a range of prevention strategies, including, but not
32limited to, women’s empowerment programming, awareness raising
33campaigns, primary prevention, bystander intervention, and risk
34reduction.
If the Commission on State Mandates determines that
36this act contains costs mandated by the state, reimbursement to
37local agencies and school districts for those costs shall be made
P5 1pursuant to Part 7 (commencing with Section 17500) of Division
24 of Title 2 of the Government Code.
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